Not sure if I need to go to court? | MassCops

Not sure if I need to go to court?

Discussion in 'Tickets & Citations' started by Greg84, Feb 9, 2018.

  1. Greg84

    Greg84 New Member

    The officer told me they were all civil citations since I Wasn’t drunk or high just stupid enough to forget I had it in the front instead of having it in the trunk. My mistake so I should man up and just pay it but my question is this he marked civil and criminal on marked lane violation but didn’t really mark the ticket as a civil or criminal . So now I’m confused as if I need to just pay the ticket or if I need to pass it in to court? Can I just call the court and ask them?

    thanks in advance
     

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  2. Oakum yokum

    Oakum yokum MassCops Member

    He appeared to correct the marked lane violation. Too civil.
    Pay the fine.... He was being nice..
    40 mph over +marked [email protected] 9pm = driving to endanger , in my book.
     
  3. Greg84

    Greg84 New Member

    Okay thanks just didn’t knew it if meant I needed to go to court but yeah I just want to pay it since like I said I mess up so I should man up and pay it .
     
  4. Tuna

    Tuna Always entertained

    What was in the front but should have been in your trunk?
     
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  5. Oakum yokum

    Oakum yokum MassCops Member

    Open containers.....
    Booze and dope......
     
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  6. Oakum yokum

    Oakum yokum MassCops Member

    YES,. Man up, .smartin up.....
     
  7. Johnny Law

    Johnny Law Nemo me impune lacessit Staff Member

    That’s absolutely the largest fine total on one citation I’ve ever seen. You hit the superfecta
     
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  8. j809

    j809 Subscribing Member

    The marijuana cannot be added to a cmvi


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  9. j809

    j809 Subscribing Member

    I wrote higher than that. Fuel tank with no permit !!


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  10. Rogergoodwin

    Rogergoodwin MassCops Member

    Screenshot_20180210-104608.png
     
  11. kdk240

    kdk240 MassCops Member

    so looks like you'll have to cut back on your pot and booze allowance to pay this citation.
    ya got lucky and you got a huge break. Don't know if I would have done the same, maybe maybe not!
    Take some advice, get rid of putting bad shit in your body and take your one given lesson you received from that officer.
     
  12. felony

    felony MassCops Member

    You sure? I thought you could bang them on a CMVI for open container, if it's not in a locked container and in a glove box or trunk. Same fine as open container of alcohol just different section. It doesn't need to be bylaw cite.

    To the OP, unless criminal application is checked off, you aren't being summonsed. You can check off appeal, to go to court to fight the citation with a magistrate.
     
  13. j809

    j809 Subscribing Member

    This is not a bylaw violation, it’s a violation of 94G and we should write them on a bylaw ticket just as we did for possession less than ounce (94c/32L), under decriminalization. You cite it on the bylaw ticket “Open Container of Marijuana” – MGL. 94G/Sec. 13(g)



    Officers should not be using the 90C Uniform Traffic Citations as Open Container of marijuana is a civil infraction statutorily issued in the same manner as the previous decriminalization tickets.



    94G/13(g) states:


    (a) Enforcement Mechanism: Civil penalties imposed pursuant to this section shall be enforced by utilizing the non-criminal disposition procedures provided in section 32N of chapter 94C of the General Laws. - See more at: Massachusetts - MPP
     
    Bloodhound and felony like this.
  14. Danusmc0321

    Danusmc0321 MassCops Member

    BRO.. your asking if you need to go to court? It’s a 1500 dollar fine, of course you need to go to court. What do you have to lose? The appeal cost is nothing compared to paying a 1500 dollar gig . At a minimum I would think you could get it reduced. You got wacked pretty good. I have written weed as open container before, it flew when I did it, but recently the courts (near me) have said no go on appeal. Second offense unregistered is 1,005, I’ve used it before, only on special cases..
     
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  15. j809

    j809 Subscribing Member

    In Massachusetts you’ll probably only pay $100 at Justice hearing


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  16. felony

    felony MassCops Member

    Interesting at in-service I was told I could put it on a CMVI. That's the problem with these BS MJ laws, is no one is on the same page and it varies from DC to DC or county to county.
     
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  17. j809

    j809 Subscribing Member

    Yeah they shouldn’t have. The problem is that many people teaching inservice have no business teaching anything. So many times I’ve heard instructors teach something wrong and when you question them they have no idea what they’re talking about. They should stick to working details. This was a clarification I had in a chain email with many chiefs and DA office and Andrea Nardone.


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    Last edited: Feb 10, 2018
    felony likes this.
  18. Oakum yokum

    Oakum yokum MassCops Member

    Does it really matter..
    Appeal =
    Open containers. Booze---- dism.
    Open container- pot---. Dism
    Speeding----------- dism.
    Marked lanes------ responsible fined $ 50
     
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